Republic of the Philippines

SHARIA DISTRICT COURT

Branch 2, Sharia Judicial District
Zamboanga City
Mohammed Alih,
Plaintiff,
versus

CIVIL CASE NO. 00143

Fatima Yusop,
CHILDREN
Defendant.

For: CUSTODY OF MINOR

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COMPLAINT
COMES NOW the plaintiff, by the undersigned counsel, unto this Honorable
Court, most respectfully avers:
1. That plaintiff is of legal age, Filipino Muslim, and a resident of No. 065
Sunset Drive, Tugbungan, this City;
2. That defendant is of legal age, Filipino Muslim, and a resident of No. 143
Sunrise Drive, Mampang, this City, where she may be served with
summons and other processes of the court;
3. That the plaintiff and defendant married on August 14, 2002 in
accordance with Islamic law, and lived as husband and wife until January
16, 2014 when plaintiff divorced defendant by repudiating the latter in
accordance with the Muslim Code of the Philippines (Presidential Decree
No. 1083);
4. That during the marriage the plaintiff and defendant begot two (2)
children, namely, Jamil aged 9 years old and Jamila aged 8 years old, all
surnamed Alih;
5. That on February 14, 2014 defendant entered into a new contract of
marriage with Almar Misa;
6. That said children are all under the care and custody of the defendant;
7. That defendant has no means of income and rely entirely upon her
husband Almar Misa for support and, hence, lacks the financial capacity to
raise and educate said children properly;
8. That on several occasions plaintiff demanded that defendant bestow the
care and custody of said children to the former but the latter failed to
heed to the demand and continues to do so without just and lawful cause;
and
9. That plaintiff is fully interested in their well-being as their biological father
and is financially, morally, and socially in a much better position than the
defendant to raise and educate the children.
WHEREFORE, foregoing considered, plaintiff most respectfully prays that
judgment be rendered ordering defendant:

a. To submit the care and custody of the two (2) children, namely, Jamil and
Jamila, all surnamed Alih to plaintiff without prejudice to defendants
visitation rights as the mother during such period as the Honorable Court
deems proper;
b. To pay the costs of the suit.
Plaintiff further prays for such other reliefs deemed just and equitable
under the premises.
12 June 2014, Zamboanga City, Philippines.

LEIZEL L. LUZON
Counsel for Plaintiff
69TH/F, Tall Building
Mayaman Street
Zamboanga City
IBP O.R. 014344 6/11/2012
PTR No. 2014-6/11/2

REPUBLIC OF THE PHILIPPINES

CITY OF ZAMBOANGA
x-----------------------------------------x
Mohammed Alih, after being sworn to in accordance with law, depose and
say: That he is the plaintiff in the above-entitled case; That he has caused the
above-complaint to be prepared and has read and knows the contents thereof; and,
That the allegations therein are true based on his own knowledge.
That he has not therefore commenced any action, filed any claim involving
the same issues in any court, tribunal, or quasi-judicial agency and to the best of his
knowledge, no such other action or claim is pending therein; if there is such other
pending action or claim, a complete statement of the present status thereof shall be
filed; and if he should thereafter learn that the same or similar action or claim has
been filed or is pending, he shall report that fact within five (5) days therefrom to
the court wherein his aforesaid complaint or initiatory pleading has been filed.

Mohammed Alih
Affiant

SUBSCRIBED AND SWORN to before me this 12th day of June 2014 at

Zamboanga City, Philippines. Affiant exhibiting his residence certificate no. 145569
issued at Zamboanga City on January 4, 2014.

ATTY. FATMA UCKU

Notary Public
Until 12/4/16
PTR No. 3917-1/1/14

Republic of the Philippines

SHARIA DISTRICT COURT
Branch 2, Sharia Judicial District

Zamboanga City
Mohammed Alih,
Plaintiff,
versus

CIVIL CASE NO. 00143

Fatima Yusop,
CHILDREN
Defendant.

For: CUSTODY OF MINOR

x-----------------------x
ANSWER
DEFENDANT, by counsel, unto this Honorable Court, respectfully alleges:
1. That defendant admits the allegations of paragraphs 1, 2, 3, 4 and 6 of
the complaint;
2. That defendant specifically denies the allegation of paragraph 5 of the
complaint the truth being that her supposed marriage with Almar Misa did
not materialize and defendant is still a divorcee at present;
3. That defendant specifically denies the allegation of paragraph 7 of the
complaint the truth being that after the divorce the defendant was hired
as a manager of a government owned and controlled bank and, therefore,
is earning income and does not depend upon anybody for the support of
herself and the children;
4. That defendant denies the allegations of paragraph 8 of the complaint for
want of knowledge and information sufficient to form a belief thereof; and
5. That defendant admits paragraph 9 of the complaint insofar as it alleges
that plaintiff is the father of said children but denies all the other parts
thereof for want of knowledge and information sufficient to form a belief
thereof.
WHEREFORE, it is respectfully prayed of this Honorable Court that the
complaint be dismissed for lack of merit.
Other reliefs deemed just and equitable under the premise are also prayed
for.
26 June 2014, Zamboanga City, Philippines.

ZEL L. ZON
Counsel for Defendant
1/F, Panalo Building
Talosila Street
Zamboanga City
IBP O.R. 00101 1/16/2012
PTR No. 2014-1/16/2012
Copy received:
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